After suffering from a workplace trauma, sometimes it can be difficult for an employee to get right back to work. In some cases there can be more long-lasting effects. When a Texas worker returns after recovery, he or she expects to be returned to the position that was held previously. The last thing that most returning workers would expect is the need to file a discrimination claim.
A former retail manager claims that he was approached at work by two men carrying firearms. They ordered him to empty out the safe and then proceeded to bind him with duct tape. He stated that the entire time that the robbery was taking place, the men were repeatedly telling him that he was going to die. One of the robbers fired a shot into a cabinet that scared away the second assailant. When the robber was ready to leave, he pushed over the plaintiff, forcing him to fall over and hurt his chest and back.
After the event had ended and the worker had spoken to the police, he states that his manager told him to go home. The next day he was to report to work as normal. According to the plaintiff, the manager saw the unhappy expression on the man's face and allowed him to stay home from work the next day as well. After being examined, the worker went on leave after being diagnosed from suffering post-traumatic stress.
Once the recovery period ended, the man alleges that when he returned to work he was offered an hourly position as an assistant manager instead of his managerial salaried position. He agreed to take the position and then was offered a store manager position again a month later. Shortly after declining the position to pursue higher education, he was relieved of his duties.
The former manager filed a claim against his employer for retaliating against him and discrimination. He is seeking to be awarded compensation for legal fees as well as damages. If a Texas employee experiences trauma while at work and does not return to their former position post diagnosis, he or she may want to investigate their options into filing a claim.
Source: chron.com, Former employee claims discrimination after robbery, Carol Christian, Jan. 7, 2014